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Moral Rights Waiver for the United States

Moral Rights Waiver Template for United States

A Moral Rights Waiver is a legal document used in the United States that enables artists or creators to waive their moral rights in their creative works, as protected under the Visual Artists Rights Act (VARA) of 1990 and relevant state laws. This document allows the receiving party to modify, adapt, or use the work without maintaining the creator's right of attribution or preserving the work's integrity. The waiver must be specific, in writing, and signed by the artist, clearly identifying the work and the rights being waived. It's particularly important in commercial contexts where works may need to be modified or adapted for various uses.

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What is a Moral Rights Waiver?

A Moral Rights Waiver is essential in situations where creative works need to be modified, adapted, or used in ways that might otherwise infringe on an artist's moral rights. Under US law, particularly the Visual Artists Rights Act (VARA) of 1990 and state-specific legislation like the California Art Preservation Act, artists have certain moral rights, including the right of attribution and the right to prevent modification or destruction of their work. This document provides a legal mechanism for artists to waive these rights, typically in exchange for consideration. The waiver must be explicit, specific to identified works, and executed in writing to be enforceable. It's commonly used in commercial settings, particularly when works are being licensed or sold for commercial use, incorporated into larger works, or modified for different media or purposes.

What sections should be included in a Moral Rights Waiver?

1. Parties: Identifies the artist/author (rights holder) and the party receiving the waiver, including full legal names and addresses

2. Background: Establishes the context of the waiver, including the artist's creation of the work(s) and the purpose of the waiver

3. Definitions: Defines key terms including 'Work(s)', 'Moral Rights', 'Attribution Rights', 'Integrity Rights', and other relevant terms

4. Identification of Works: Specific description of the work(s) covered by the waiver, including titles, mediums, dimensions, and dates of creation

5. Rights Waived: Detailed enumeration of the moral rights being waived, including rights of attribution and integrity

6. Scope of Waiver: Defines the extent of the waiver, including geographic scope and duration

7. Representations and Warranties: Artist's confirmation of ownership of rights and authority to waive them

8. Consideration: Statement of consideration provided in exchange for the waiver

9. Governing Law: Specifies that US law governs the waiver and which state's laws apply

10. Execution: Signature block and execution requirements

What sections are optional to include in a Moral Rights Waiver?

1. Commissioned Works: Additional provisions specific to works commissioned by the receiving party

2. Future Works: Provisions covering works that have not yet been created, if applicable

3. Limited Waiver Provisions: Used when only certain moral rights are being waived while others are retained

4. Digital Rights: Specific provisions for digital reproduction and modification of works

5. Attribution Requirements: If attribution rights are not fully waived, specifies how attribution should be given

6. Termination Rights: Conditions under which the waiver might be terminated, if any

7. State-Specific Provisions: Additional provisions required by specific state laws (e.g., California or New York)

What schedules should be included in a Moral Rights Waiver?

1. Schedule A - Works Covered: Detailed inventory of all works covered by the waiver, including photographs, dimensions, and unique identifiers

2. Schedule B - Specific Rights Waived: Detailed list of specific moral rights being waived for each work

3. Schedule C - Permitted Modifications: If applicable, list of specifically permitted modifications or alterations to the works

4. Appendix 1 - Images: Visual documentation of the works covered by the waiver

5. Appendix 2 - Artist's Prior Works: If relevant, documentation of artist's prior works that establish context or reputation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Waiver

Cost

Free to use
Relevant legal definitions

























Clauses

























Relevant Industries

Media & Entertainment

Advertising & Marketing

Fine Arts

Publishing

Digital Media

Film & Television

Photography

Architecture

Software Development

Gaming

Education

Museums & Galleries

Corporate Communications

Web Design

Relevant Teams

Legal

Intellectual Property

Artist Relations

Creative Services

Content Management

Rights Management

Publishing

Production

Digital

Brand Management

Contracts Administration

Relevant Roles

Intellectual Property Lawyer

Corporate Counsel

Legal Director

Artist Relations Manager

Creative Director

Content Manager

Rights Management Specialist

Publishing Manager

Art Director

Gallery Curator

Museum Director

Production Manager

Digital Content Producer

Brand Manager

Contracts Administrator

Literary Agent

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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